The Sun. — London, England, 1808-07-30 00:00:00

cri .the 10 . nd-' had ,had uld ,a L,6 Witness satv the chaMber-Maid soon after. Abotit half an hour after, witness went up stairs, saw Lord S. in the yard, gong into his chaise. He had or dered horses previously. —.About half an hour after Lord S. went away, witness saw Mrs. P. Mrs. never came to witness's house before. Colonel P. used the York Inn. Mrs. Bell, wife to the last Witness, lived at the ,While Hart two years and an half, remembered thOUSe, hat on Friday the 10th June, Mrs. P. came to the Witness knew Mrs. P. very well. In about a quarter of an hour a chaise came with a Gentle !llan. She did not know who he was ; but since xneeeit was Lord S. .She rt l y a f ter h e arr i ved, saw Id e ri• P. walkin g across t h e. hall, on the groups', floor. ' 11 s• P. looked at Witness as she passed, to the best of Witness's belief they did not notice each other as they passed, when Lord S. was standing at the door. ihhrss knew Mrs.?. went up stairs, and saw Lord "' walk several times across the hall. Witness was essired, by her husband, to go up stairs. Witness U :ent to the. attic. story first, and returned to the door on ed floor, .(No. 4, • bed-room). Witness knocked gently with •her knuckles. The Lady. answered Witness could not go in.—On this Wit ness went to No. 3,, the adjoining bed-robin, and found. it locked, both chambers communicated by inner doors ; one of the windows looked against a and _not -the High -street. Witnes s then re tired to No. 2, on saint floor--Witness left the door. of No. 2 open, and she could have seen any person pass to and fro : remained halt an Lour before any. thine occurrede--.Witness then w en t clown, and s en t the e c' eraisibermaid Charlotte --Ater the servant came Up, Witness waited half an hour. Her attention was then attracted by the door opening, and the Lady `came out—Mrs. P. asked the-chambermaid fur a towel from No. 4 door—Witness continued in No. 2 ; :Mrs. P. stood an the door, and went in ; afterwards came out of No. 3 .dour, and went.dowu stairs— Wetness attempted to go into No. 4 door, found it locked ; she then wept into Nu. 3, and from thence to No. 4; the inner door was open, and she saw shutters closed and °tie curtain drawn—Witness eaw a Geatl e man in the room, who proved to be Lord stooping down ou the other side of the bed—kers. Po , ,vlvtt was close to Witness at this t ime : the bed was between Witness and the Gentle- Sackville asked what was the treater ?- I'v itness said nothing—lt was the same Gentkmair \ fs h° came in the chaiste—Witnees was ask e d by - Ars. Powlett whether she-would' explain herself ? she could not--Witness asked Mrs. P ow l ett if '• ere was a Gentleman in the room ?-s-Mrs. P ow l ett eaid, Witness would say-nothing a b out i t no bod y wit' t 7 know it—Witness said the servants woul d loos e it, and she could not keep it secrete—Lord S. : aid, "Could nothing be done to recompenee them ?" W e t n ess made no answer. They both requested. this,. that Witness would not mentrou it.— r ci S. then went down steel.. Before he weut e ' '▪ ' ° 'wn Mrs. P. was crying, and Witness said she . w ould not injure her fur the woad, it she did not in llire herself. Questioned by Junee—A,dmitted that the curtains ln . the room had fallen - down next day after Wits. l ess and her husband made Oath before a Magistrate of th e facts. „ re -Elizabeth Strialad ); Chambermaid at the White a.l l ,art Inn.—On the lOth of June Mrs, P. came tip the a °l ' on s e that day about n oon . Ste was shewn into Su room on th e one pair of stairs; she went e r orn thence t o N o. 4, up two psiir of stairs. Wit uess left her there, and about half an hour after re ceived orders from Mrs. Bell, her tnistres ; went in consequence of orders, to No. es, and remained there half an hour with her mistress.. Her motives for going there was ro watch if arty person came out of No. 4. While she 'remained with her mistress sheelitl flt hear or see any person pas.i. The house was, per dly quiet. Mrs, Powlett opened the door of Igo. 4, and asked witness to bring her a towel. After she asked for a towel she shut the door, and when wit 'less brought the towel, she gaVe it tier in the room. :Witness wanted to g lire o throu g h th e a dj o i n i ng - room, 3, and Mrs. P. prevented her. Said she should not go, for she (Mrs. P.) was ddirrg something. also sa id she would She go through herself and o p en t h e door of No. 3. She did open it. Mrs. Bell then Vent into No. 3, and witness heard a voice, appa vently the voice o f a ma t ) , say Ix hat is th e matter—. ulso beard a woman say, it was the firsetittie she had 'ever been imprudent. About ten minutes after, wit liciess went down stairs, and saw Lord Sackville go ~° w n stairs. Witness admitted that when the - rot' of No. 3, was, opened, she could see the bed m• Before Mrs. Powlett and the Defendant dra wn to the White Hart the curtains were never 4 wn, or the shutters closed ; after Mrs. Powlett deft the room the curtains were closed and shutters she of the window opposite the bed. Here the evidence closed ; and after a reply from Geenow s the Learned Judge summed up, and the Jury found a verdid, .30001. damages. At the Assizes at Winchester, on Thursday, Mr. Goldring, a farmer, had a verdict against him for 2001. for seducing a Miss Phillips, a farmer's daugh ter. The following Letter was received yesterday at LLOYD'S :•—■ " His Majesty's Gun-vessel, Martial, Plymouth, zsth July, :So& `` GENTLEMEN.-4 b eg l eave to inform you of the c apture of the Ships Ross, Captain BROWN, and dtlantic, CRAIGE, trout Jamaica for. London, the form er on the 14th, and the latter on the 15th, by a Spanish Schooner Privateer of 14 guns, on her passage from La Guira for Spain. I fell in, with the two Ships and Schooner on the 19th ult. off Cape Villona. The Ross got into Carniranos„ the .titlangic an d Schooner into Laxa, where I followed, took Possession of the .ritianiit, and took her into Corno 11a, where the Senior liaval Officer on that station '9% , is, and where she now lies for decision ; but fear she will be given up to the Privateer. The 4Aasters and Crews of both Vessels ire well, and *e . waiting tne event. "p ro the Underwriters at Lloyd's." BANNISTE R laid aside his Budget when he arrive at- Edinburgh, an d appeared on theatrical boardsd with his usual eclat. Thirteen Capital Fizes to be drawn es 20 . ,0001.- 6,0001, 2,000 i. .5001. and a f u ll propor -Ition of other Prizes Next Tuesday, August 2, is .4e C t aY: `Ticks Slmres, warranted undrawni `l/ i e Ettaiit !he-Lotteiy Qiiices. THE TEEATRE. 114 - nta rket, The dramatic novelty, ent tied, h e ./.Ifricans /Par, Lo;')e and Daly, which has fdr some tiine been in prepaFation at this Theatre, was brought forward. last night, before a crowded audience. CHARACTERS. Farulho (the Priest) . - Mr. Tub:A? s o Torribal Nlr. FARLE'i. Madib o - - . , Mr. FAWCET T. Selico • • • • • Mr. Youpd. Dernba Sego jalla (King of Kasson) NI r. PALtitEa, jun. Dauuari . . - . Mr CARLes. Fctterwell - - Mr. GRovE. Marrowbone - - - Mr. NI CNAGE. Henry Augustus Mug - , Mr. I. isTON. Berissa - - - Mrs. Darina - MIS Sr. LE° z.st. sutta . - Mrs. Lis-roN. FABLE. The scene of adion lies in the interior of Aftlca, at a place called Talteconda, a Province under the government of the lonians. The Widow Darina, one of this tribe, is left with three suns, Seiko, Madiboo, and Tonitat. Seiko is betrothed to Be . rissa, - the daughter of Farutho, the Priest ; • and when on the eve of marriage, the ceremony terrupted by an irruption of the Mandingoes into the town of Tatteconda. Then commences the first conflia between " War, Love, and Daly." Selioo, torn by contending passions, at length flies to the succour of his mother, whom lie finds with 'his, two brothers, who had taken refuge from the barbarity and massacre of the Mandingues, in the neighbour ing woods. Here they ale reduced wencotinter the dreadful calamity of famine ; to alleviate which, Selico obtains a reluctant consent from his brother, Madiboo, it) take him tor, sale to the Slave Market, temporarily instituted by the King of the Mandin goes, and to apply the produce to the'reliel of their mother's distress. The Slave Merchailts objeeting to the weakness of Selico, he proposes ,to illudibuo (his broi her), as a • last resource, that he shall deliver him up to the Maridingo Monarch, as a slave who had escaped from his tent, and tor whose apprehension a - reward is offered of 400 oz. of gold. An interest ing struggle ensues between the blot tiers ; is at length pre', ailed upon, and the wretched wearied with life, as he thinks his mistress Berissa has perished in the massacre with her father Faruilio, is delivered up to the sanguinary Monarch 0i Mau dingo, who instantly orders hini to the stake. A Funeral Pile is also prepared for a female stave, who has resisted the amurous , advanceS of the Tyrant. The wretched Criminals are brought out, and at the dread ful moment when the . fatal tore: is about to be ap plied, they mutually' reco, ilizeeach other as Seiko and Berissa (the two lovers). An ilife(tinu, appeal is made to. the humanity of the Manclingo, but tie Contiittles unrelenting, until the appearance of the venerable Priest and the agonised mother, whose united soli citations so work. upon his savage nature, that he at lasi. grants a general amnesty, and consents to the union of Seiko and Berissu. The distress of the - Piece is relieved by the whinisieal adventures of Mr. Henry diupstus 4'llag, an ivory-turner of London, who is first shipwrecked on the coast of Africa, is then made a slave to I.4soulall Tribe, and after ward's arrives at the extraordinary and high-sounding situation of Secretary of the Foreign Department to the Biaek King of the Maudiugoes. If the Publit had not been previously inforrned that this Play is the produation of Mr. COLMAN, the secret would have been revealed very soon after its 'commencement, as it is strongly marked by that original humour, lively imagination, and mixture of pathos and pleasantry which have hitherto charac terized his dramatic productions. Whatever there might be in the Piece as it was represented last night, that was not as well relished by the Au , thence as the general merits of the composition, proceeded froth the exuberance of the Author's fancy, and may be removed, not only without - injury to the main plot; but the excission would indeed reader it still more interesting. The strokes of hu mour are : abundant, and the whimsical combina tions of imagery are highly diverting. The senti ments are strling and energetic, and many of them are expressed with peculiar neatness and elegance. Some of the situations have a strong hold on the imagination, and others powerfully operate upon the heart. The 'charade's, though not absolutely new, are not the common inhabitants of the dra matic regions; but amidst all their odd and fantas :tic qualities, are such as may be found in life.- -They are well discriminated and contrasted, and the hand of a Master has been employed in placing thetn in such positions as bring their re spedive qualities into ludicrous or interesting aaion. The satirical touches, not only upon the follies of the day, but those which are likely always to mark the charaeters_ of mankind, are conveyed in such a manner, as to divert, without exciting feelings of churlish misanthropy. Upon the whole, .this, is a worit wisrthy of a* dramatic reputation of its.AU tlior, and such as must excite great surprise at the inexhilustible fertility of his imagination. The chit,. r46l4rs are admirably adapted. to the talents of the respe;:tive Performers. • YON is, of course, the Hero of the Piece, and he su s tained hi s Nil with that spirit, judgment, and good sense. which are the prevailing qualities of his Ming. nos - cart was , a powerful support to the Play. . Lisrots's whimsical simplicity was alsO very operative, Dvlrs. Guias, as usual, was natural and spirited. The character of the Widow received very respeaable Sepport from Mrs. ST. LEGER. The Scenery is rich and beautiful. Kat.Ly has never shewn his musical talents with more success than in the Overture and Airs of this . Piece. The • former is a fine Gomposition, and the Airs are, ani mated and expressive. The Audience testified warm applause throughout the represenxation, and cordially-assented to its repetition. EPIGRAM. As milord awl my Lady one afternoon sat O'er their Champaine and. Claret in conjugal chat, There arose a dispute, when the Peer told his Rib, lii most delicats terms, " she had sp, Fed a Fib!" From the rules of civility not to be shaken, • The Curintes.r,rejoili'd, " My dear love, i'f,4're mistaken." 41 Why, sounds !" (cried vv: Lord, in a tone of surprise) 'Tis then pretty certain that 0,,e of ei 143 P!--•- ,lEy . Lady replied, " in such very warm weather, ""Tis it comfort to think that n4-4n', I r&gerber!" Lily REPQRT. COURT OF IS.ING'b BENCH ) i'vcir .g. ZEPORE LORD ELLENDOROU.: /I, AND A SPECIAL JURY. TOLMAN V. k.NCLIS. This was an 'action 61) a.polley of insurance upon . the ship 'Adoona, which sailed from the Cape of Good Hope to Buenos Ayres at theliine that se:de ment was supposed to he in our possession. Hoply, the Owner, who had directed insiirances to be made on the - vessel to the amount •of 28,0001. perrh:tted three Spanish Officers, who were pri soners di war upon their parole, to go on board the veisel as passengers to their native town, Birenos Ayres. When tfieOssel anived in the River Piata, a mutiny took place, in which these Spanish pas sengers appeared to be ringleaders. This mutiny occasioned the loss of the ship and Cargo, and "the present action was.brought upon that ' The 'Underwriters t in this case (with great libera lity ahcl honout, as coufes'sed ln the Plaintiff's Coon set) abandoned 'the legal pOints which had" been made onthe'part'of other Underwriters of th:s vessel, 'in a trial the Court of - Common Pleas (Tolman 'V. Anderson), and put 'their defence entirely upon the merits of the case, whether or not the permitting of those Spaniards to come On board with arms was trot waking the risk mach greater than bad been tOmmunicated 'to the Underwriters ? 'Lord ELLE i;JEOLIOUGH lett to the 'jury, whether thiee men, under these circumstance, being taken bo,►rd a vessel; whieh i►ad twenty-4+o other pttn ;:o hoard,. could be 'considered as materially aiter';ng tb risk, or eodanzering the teasel. The Jury CQUIId in Savour of the Plaintiff Damages 4001. GORDON P. VAUGIIAN. This was also an action on a pulley of °insttrance on the 'Danish ship Aeutratity, bound from Barce lona 'to Vera Cruz, in Spanish America, and from thence to some port, Of the United Kingdom. The ATTORNEY-GENERAL stated that the Plain tiffs, Messrs. Gordon and Murphy, were most tensive merchants in this city, and for the purpose of exporting British manufaetures, and of bringing Spanish dollars to this country for the publlc service, they had, in virtue Ut Orders in Couticil., received licences to carry on this trade with the Spanish co lonies. The ship Neutrality sailed tron) Barcelona on the 28th of May, and arrived at Vera Cruz, from which she sailed on her return, upon the 7th of -November, having on board a very large quantity c:. dollars-: Shortly after:she left Vera Cru2 she ex perienced bad weather, - and some Of the water casks were started by the rolling of the ship. The Captain passing near Charleston, put in there to get some water ; but, being Sunday morning, was told by the Pilot that no water could be given him on that day. The wind turning fair, he did not choose to delay atiutherday, but sailed without the supply he had expeEted. The ship tnet with very bad weather afterwards, and sprung a leak. In this situation it was tnet at sea, and captured by the Caledonia Letter of Marque front Liverpool. .The Captain of the Neutrality never mentioned a word of the licence' at the time, as he at first suspe6fed the Caledonia to . be a French Privateer, and afterwards he wished that she should consider it Its, a capture, in order that his vessel and cargo might be taken care of. The Neutrality was lost the next day. I,le Would prove th::',a.r.ces from his'Majesty, and he was not aware what defence would be set up to the ailion. Mr. Capper, from the Secretary of State's Office, produced the Orders in Council, in pursuance of which the licences were granted. Eliason, the Captain of the vessel, proved the circumstances of the voyage, as stated by the Attorney-General. Me. PARK, on the part of the t r rnderwriters, rested their defence on objeClions in point of, law : fait, he argued that the voyage was illegal, as contrary to the Navigation Ad, and not within the possibility of dispensing with the power given to his Majesty by a subsequent Aa, as a considerable part of the proper ty belonged to Spaniards, Who 'Were at that time alien enemies. His next objection was, that the voyage interfered with the Charter of the South Sea Company, and was on that account illegal. Lord ELLENBOROUGH - suggested, that if the de fence rested merely on those objections, it would be the best way to put them in the form of a spe cial ease, which could be better decided by the Court, after reading those different laws more atten tively. This was acquiesced in by , both parties. It was .somewhat remarkable that this defence rested entirely on those legal objettions,'which the Defendants in the former action did not think it be coming their charaeler, as Underwriters, to take ad vantage of. NIURRAY This was an action on a policy of insurance efFeEt -ed on an American ship by - an American - subject, and the loss was by the detention, in cons e qu ence of the gmharg6 by the American Government. The qnes ton Was, whether an American subje::.-1 could reco *er a loss arising from an att of his' own Govern ment ? It was agreed to reserve the point for, the future Consideration of the Court. COURT OF COMMON PLEAS, CLTILDHALL, TULY '2 9 . 400,fts SIR JAMES MANSPIXI.O AND A SiECIAL 411itrOR1?,_ WILLIAMS, AND CO. V. MERRY, MILLER, AND CO. This was an anion founded on an Aa of Parlia .m.ent, passed in 1794,•!ct recover damages from the Defendants, who were calico-painters at 'Manches ter, and keep a warehou'se in London, for, pirating a stamp pattern on certain pieces of printed goods, Which . pattern was alleged to be tie sole, invention and property ofthe Plaintiffs, who were calico.prat crs- and wholesale drapers in the Poultry. Mr. Serjeailt BEST stated the ca,.eto the Court and the. Jurrfor the Plaintiffs, and proved, by the evi dence of a linen-draper from Aidgate, and another from the Borough of Southwark, that they had pur chased pieces of the goods alleged to be counterfeits, at the warehouse of the Defendants, and considered the pattern quite new and fashionable, and that it was sold to them as Burford's pattern. The simili tude between those pieces and Burford's pattern was so strong; that they discovered no.differencc, when examined asunder ; but when comparrd together, a slight ditKirence was visible, and consisted in the weavhig of the lines, in the one running a . different d'reJton from that of the other. A a:36i in the house of Whhains ami Co. , . . . „ pros ed the deCea'se' s of 'die safe in the angina? pafirr. between the fir s t and second month, was Ervin 85 to 17 pieces. , . , .. _ _ • Mr. Serjeant SHEPH'EUD, for the Defendants, con. tended that -the Adt of Parliament, in granting a rno : - tiopoly for three months in any new pattern to the calico printer, posilively required that the pattern should be entirely- a new invention, and not a mere alteration from any other pattern ; and that upon this ground, the Plaintif had no claim whatever. ton monopoly in this pattern : but if the Atc.t of Parlift went had extended the monopoly to three years, in stead of tht-ee months, his Clients Would have h 4 the right to an a6tion against the Plaintiffs tbt the piracy, as, in tad-, the pattern upon which they tnundtd their right of action was nothing more than a very slight alteration froM a pattern orignially in 7 vented 10, - 1 published by his Clients so long since. ;t$ the year 11;06. The Learned Serjeant then called Witnesses to prove that the first of this pattern sold by the De felidants was not until the 23th November. Upon cross-examination, however, these Witnesses ac knowledged 'the pattern was sent dawn to Man chester froth the Defendants, with orders to copy it,' and that this was about the second week in Sep-. feather, a few days after it had been published by the Plaintiffs. Mr. Serjeatit Rest, for the Plainti . frs, contended; that if the construalion of the Aet of Parliament in thia case was to be that no pattern could be consider ed new, and 'entitled to a 'monopoly for three months, except such as Was totally and entirely of original ve;ition, and like nothing which' had ever appeared before, then was the /'vet utterly nugatory and use= Jess; for, from the very nature of the ornaments usually introduced in the patterns or calico printing, it was morally 'impossible to produce any design to;; ta'ly new. Those ornaments for the most parr on sisted either in !traiglit' or waving lines, in one di- reCtion or another, enriched with spri gs , d ots, or flowers, in which no man could pretend to invention; In these :consisted the, whole system of pattern drawing; and the whole novelty of invention was in the various transpositions, alterations, and changes of size and ki•teetion, in those lines or bowers: It was obvious from the Defendants' own conduct, they were conscious of compassing an illegal purpose by illegal means; for if this pattern was merely a copy of their own, as pretended, why not print from their old_blocks ? or why be at the expence of ptircl6sing, a piece of the pattern from the Plaintiffs, in order to have it copied at their own works ? Front all these circdmstances he contended the intentional piracy was plain, and that the damages sustdined by his Clients were not to be estimated by the paucity of the pieces sold by the Defendants, but by their hay printed the pattern on _cloth of an inferior qua lity, and sold it at an inferior price, whereby it sun to the . use Of the lower orders of SoCietv, atM instantly lost its estimation with persons of fashiona ble taste. • Sir JAMES MANSFIELD was of opinion that the Apt of Parliament which gave a three mouths' mo nopoly in this case, positively required novelty and originality of invention, and that no man had right to set up a claim to these upon.a mere variation or transposition of the ornaments already used by others. For instance, a smaller line instead of 'a larger, a wave in one. diretiion instead of another,. eight lines in a stripe in place of six, three flowers h•.;, , tead of ;:vie, &c. were changes werely, and not original inventions; and of this destription he con sidered the pattern in the present case. If, how ever, the Jury should think otherwise, the next thing to be,considered would be the quantum of dao mages, and in this they . would be guided, not by the alledged falling off from 35 pieces to 17, in the third month, .but by considering the period which re mained between the o,sth of November, when the first piece of this pattern was sold by the Defendants, and' the expiration of that.month, which closed all right to monopoly._ in the Plaintiffs. The Jury, ',after retiring nearly half an hour, re turned a Vetch a for the Plaintiffs —Damages, Costs, -. 468; • COURT OF CHANCERY, lULY 29. ATTORNEY-GENERAL V. WANSEY. In this case it appeared that . a'certain sum of mo ney had been left by will forthe'purpose of putting nut as Apprentices the children of such members of a Presbyteriail Congregation in the parish of • St. Martin', Old Sarum, as might apply for the sarne.-- , . There did not happen, however, to be a sufficient number.ofapplicants troth - this Society to exhaust the annual : funds arising from the grant, and an ap plication was now made to the Chancellor,. , in cor respondence to the report of the Master, for the pur pose of receiving his dlreaions as to the future em ployment of the .surplus funds. In this case, the Loin) CHANCELLOR gave direc tions that-the.7'.benefits of the fund s h ou ld be extend ed to as many members of similar Presbyterian Cotiregations in the vicinity as might applY2'for the same, and as far as the funds would go, under the di reaions of the Trustees; and also observed, that- it might be proper to : extend the application of .the fund to the apprenticing of female childten. SPORTIAG INTELLIGENCE. KNUTSFORb RACE S . TU ESD AY JULY 2.6.. Was run for, over Knutsford Heath, a Maiden Plate, Of sol, kr all ages, that never won a Plats of snl. matches and sweepstakes eN.. - ,!pted. Four_yr olds to Larry fist. t zlb ; S-yr olds, Sst. ; 6-yr o'ds and aged horses, Sst. Celt . .Blares and allowed aib. Three roil:; ►:e•,ts, A svinLer of a' stakes (in. the present year) to carry 31b' ; two or more Ob. extra. The Second horse is entitled to itcl. It tnree or. more start. Mr. Smith's b. f. Miss ttlanehard, 4-yrs old Mr. TnOinpson's b. m. Miss Creeper, aged Mr. Care's b. g. by •Sir Peter, 4. yrs old WEUNHSUAY. A Sweepstakes of logs each. Three year ells to carry , 6sr. rolb'. ; .lour-year Olds, 8;t. ; live-year olds, Bst. lelb. ; ,six. year olds and aged horses Sst. 'alb. Mares and .Geliliny,s allowed 211 N One heat of three times 'round the cocrse, bona fide the property of the Subscribers at the time of nam ing. 2 3 S 2 I. Clifton, Esq.'s losephini, aged Earl St.nntOrd's b. 1. Belinda, by Beningbro', . yrs old z T. L. Brooke, Esq.'s b. h. Banker, $ y is old. dr SAME DAY. A Subscription of cgs. each, with 4ogs. added, for thre.e year. oids carrying 7st. 41b. arid, tour. year olds, Bst. 7ib.. ; fillies and,gcldings allowed 21b. Owner or the. bt"4.:Vi borst to have his r+take back. Three Sito,cribers or no race., A winner of a plate or stuites (in . the present )ei.,r) to :3TII 311). o, rot° or more sib. extra. Three ok:-1s, I: ail 0; rf)iet: b. f. 3 - 1 rs out S. F4.2ltua, Esq.'s D. c. 3 yrs old a t r 1 2 2